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Thornton v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
May 8, 2015
164 So. 3d 126 (Fla. Dist. Ct. App. 2015)

Opinion

No. 2D14–5297.

2015-05-08

Sammy THORNTON, Appellant, v. STATE of Florida, Appellee.

Sammy Thornton, pro se.


Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Roger A. Alcott, Judge.
Sammy Thornton, pro se.

LUCAS, Judge.

The post conviction court denied Sammy Thornton's untimely motion for extension of time to file an amended motion under Florida Rule of Criminal Procedure 3.850 and then summarily denied the untimely filed amended motion. We find no abuse of discretion on the part of the postconviction court and accordingly affirm. SeeFla. R. Crim. P. 3.850(f)(2) (“[I]f the defendant fails to file an amended motion within the time allowed for such amendment, the court, in its discretion, may permit the defendant an additional opportunity to amend the motion or may enter a final, appealable order summarily denying the motion with prejudice.”).

Affirmed.

CASANUEVA and MORRIS, JJ., Concur.


Summaries of

Thornton v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
May 8, 2015
164 So. 3d 126 (Fla. Dist. Ct. App. 2015)
Case details for

Thornton v. State

Case Details

Full title:SAMMY THORNTON, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: May 8, 2015

Citations

164 So. 3d 126 (Fla. Dist. Ct. App. 2015)